The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-08-09

Opinion Of the coor per- JUDD CT
At the instance Of L. Aholo, Minis
ter of Interior, respondent in suit
then pending in the Supreme Court,
wherein W. 0. Smith and others were
plaintiffs. the Court issued rule cit
ing R. J. Creighton, as editor of the
Pacific Commercial AdUe,T5Ser newspaper,
to appear and show cause why he
should not be adjudged guilty of
contempt of Court, in having printed
and published in said newspaper in.
its issue of the 18th April, 1887, an
abstract of the bill in equity, as fol
lows:
INJUNCTION
Prayed for against Minister AhOlo--
ALand Transaction Ventilated"
"In the Supreme Court yesterday,
a petition was filed by W. o. Smith,
L. A. Thurston, W. A. Kinney and NJ.
de Gouveia against L. Aholo, Minister
of Interior. The petition states that
on the I'd day of August, 1886, one w.
NJ. Gibson, then acting as Minister of
the Interior of the Hawaiian King
dom, illegally, secretly and fraudu-
lently, and without advertisement as
required by law, executed an illegal
and fraudulent instrument, purport-
ing to be a lease to His Majesty Ia
lakaua, of certain lands belonging to
the Hawaiian Government, situate IN
the district of Kona, HAWAII, viz: of
the lands of Kel1io ,, Maniowa, Ma
haiola. Kaulana, Awalua. Puukala,
Makaula, Kalaoa l, 2, 3, 4 and 5, Ke
alakehe and Kahanaiki, containing an
area of about thirteen thousand acres.
That the rent received IN said lease Is
only Sl00 per annum, which is wholly
inadequate and insufficient rent for
said lands. That the term of said
lease is twenty years. That the said
lands are, and at the time of max
ing said lease We're worth not less
than $4,000. That said lease is on file
in the Interior office. That your pc
titioners are informed and believe,
and upon such information and belief
aver that his Majesty Kalakaua has
offered or caused to be offered to L.
Aholo. now Minister Of Interior for
the Hawaiian Kingdom, the sum of
$500 for the purchase of all said lands
as a whole That said L. Aholo has,
in pursuance of said offer, caused the
lands enumerated IN said lease to be
advertised in the Government Ga
zetten for sale. and intends to sell the
same upon the 25th day of April, 1887,
at an upset price of $500 for the said
lands as a whole. That said i. Aholo
well knows that said lease was exc
cuted secretly, illegally and fraudu
lently. as aforesaid. That said lands
are separate and distinct from one an
other That portions of said lands
are suitable for settlement under the
Homestead Act" That by reason of
said condition imposed by said L.
Aholo upon sand proposed sale, max
ing the same subject to said illegal
and fraudulent lease, His Majesty.
Kalakua and those acting for him and
in his interest, will be improperly and
wrongfully placed in a position of
much more faforable for the purpose
of purchasing said lands than other
intending purchasers, and intending
purchasers, and intending bidders and
purchasers, will by reason thereof, be
and are prevented from holding for
or buying said land, and that the
srme will therefore be sold for much
less than their real value thereby
causing great and irreparable injury
and loss to the public and to your pc
tiioners as taxpayers. Wherefore
your petitioners pray that said L.
Aholo may be summoned to adpear
and answer the bill of complaint, and
that an injunction way forthwith issue
from this Court enjoing and restrain
ing the said L. Aholo from selling or
disposing of said lands or either of
them, subject to said lease and in the
manner set forth in said advertise
ment as aforesaid, until the further